Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Royal prerogative of mercy (article 42)

Legal area

Court

12 Nov 2025

JIVA A/L GOPAL KRISHNAN

Citation

05(RJ)-11-12/2024(P) (Mahkamah Persekutuan)
Court

RJ
Case number

05(RJ)-11-12/2024(P) (Mahkamah Persekutuan)

The Federal Court held that on a literal reading of Act 847 ss2(1) and 4(1) persons who had already been granted pardons under Article 42 are not within the category 'any person who has been sentenced to death' for the purposes of making an application under s3(1); furthermore the courts have no jurisdiction to review or set aside decisions of the Pardons Board or the royal prerogative of mercy, and therefore the majority decision dated 27.8.2024 was ultra vires and is set aside.
13 Aug 2025

PEGUAM NEGARA MALAYSIA DATO' SRI MOHD NAJIB BIN TUN HJ ABD RAZAK

Citation

01(i)-13-05/2025(W) (Mahkamah Persekutuan)
Court

i
Case number

01(i)-13-05/2025(W) (Mahkamah Persekutuan)

Rule 7(3A) RCA 1994 encapsulates the Ladd v Marshall principles and is the operative statutory test for admitting fresh evidence on appeal; the respondent satisfied Rule 7(3A)(a) (new evidence was not available and reasonable diligence was exercised) and Rule 7(3A)(b) (the Addendum Order, if true, would likely have had a determining influence on the High Court decision); therefore the Addendum Order was admitted and leave for judicial review granted; appeals by the Attorney General were dismissed and the matter remitted to the High Court for substantive hearing before a new judge.